BARBARA A. LUDWIG, Plaintiff(s), vs. SELL4LESSCIG, ET AL., Defendant(s).

CASE NO: BC570904

[TENTATIVE] ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

1. Background Facts
Plaintiff, Barbara A. Ludwig filed this action against Defendants, Sell4LessCIG, Shahram Kohanoff dba Smoker’s Choice, and Shahram Kohanoff for damages arising out of a trip and fall that occurred on a mat in Defendants’ store.

2. Motion for Summary Judgment
At this time, Defendants move for summary judgment on the complaint, contending they did not create a dangerous condition and they lacked actual or constructive notice that the mat was in a dangerous condition on the date of the incident.

a. Law Governing Premises Liability
“The owner of premises is not negligent and is not liable for an injury suffered by a person on the premises which resulted from a dangerous or defective condition of which the owner had no knowledge, unless the condition existed for such a length of time that if the owner had exerc